That Linking Feeling

This article in last weeks Guardian intrigued me somewhat.

Richard Posner, a conservative court of appeals judge in Chicago, has proposed, on his blog, that linking to online content should be outlawed, without permission.  Posner then goes one step further to suggest that bloggers should pay when they link.

Queue sharp intake of breath.

In England, Chapter 3, Section 30, clause 2 of the Copyright, Designs and Patents Act (1988) states that:

“Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement. “

As this right is enshrined in law, then bloggers in England, quoting from newspapers written here are protected.

However, if Posner get’s his way, then an English blogger quoting an American paper would be liable for court action unless a payment was made, as copyright resides in the state the work was created.

Ultimately, Posner’s argument is designed to bolster a crumbling print news network, facing downturns in both advertising revenue and subscribers / buyers, and preventing the collapse of newspapers on both a local and national level.

What we do know, evidenced by the initial draft of the Digital Britain report being made available for public review and commentary, is that by opening your content to syndication, linking and quoting, you not only increase it’s impact, but you can also harness the wisdom of crowds to bring the information into three dimensions and use it to provide the end user with a truly valuable output.